San Jose FMLA / CFRA / Leave Of Absence Attorney
Federal and State laws provide for employee leaves of absence for various reasons, including disabilities, sickness/injury, pregnancy, and child birth when the employee has the condition and sometimes when other family members have the condition.
The Law Office of Habbu & Park will help you understand leave of absence issues and guide you through the challenging interaction between leave of absence laws. Contact us for the answers to your questions. Habbu & Park will identify the relevant legal issues and provide solutions for your situation.
San Jose Employment Law Attorneys
The federal Family and Medical Leave Act (“FMLA”) and the California Family Rights Act (“CFRA”) generally allow an employee who has worked for an employer which has at least 50 employees in a 75 mile radius of the location where the employee works and who has worked for their employer for at least a year and worked at least 1,250 hours in the last year, to have up to 12 weeks off of work in a 12 month period for –
1) their own serious health condition or injury,
2) the serious health condition of a spouse, son, daughter or parent,
3) the birth of a son or daughter or to care for such child, or
4) the placement of a son or daughter with the employee for adoption or foster care.
The FMLA includes pregnancy, childbirth or related medical conditions as part of an employee’s “serious health condition” but CFRA does not. Special provisions under the FMLA apply to military service members. Also, an occupational injury may entitle an employee to more than 12 weeks of medical leave under California’s Workers’ Compensation law.
The Fair Employment And Housing Act(“FEHA”)
The Fair Employment and Housing Act(“FEHA”) and the Americans with Disabilities Act (“ADA”) have been interpreted to require an employer to provide time off of work as a form of reasonable accommodation for a disability so long as the time off does not create an undue hardship for an employer. The amount of time allowed off depends on the type of job held, the size and nature of the business, and possibly other factors to determine if an employer would suffer an undue hardship for a particular absence. The length of the medical leave could exceed the 12 weeks allowed under the FMLA or CFRA. The employers subject to the Fair Employment and Housing Act must have at least five employees but there is no minimum tenure or work time that an employee must work to be entitled to a disability leave under FEHA.
The Law Office of Habbu & Park in the Bay Area counsels employees and employers to understand their rights concerning medical and other leaves of absence. We have the expertise and wisdom to counsel you and/or be your advocate concerning leaves of absence.
Contact Our Medical Leave Attorneys, Who Know Medical Leaves Of Absence
If you have an issue concerning the legality of a medical leave, please contact us today so that we may counsel you or help you optimize the outcome of your situation. We can be reached for an informative consultation in our Bay Area office at 408-993-9577, by email, or by visiting us at 95 South Market Street, Suite 530, San Jose, California 95113.